The fatality at Abbey Caves has made headlines once more, and many people are baffled as to what went wrong and what the Board of Trustees' (BOT) involvement was.

In May 2023, amid a heavy rain warning in Northland, a group from Whangārei Boys' High School entered the Abbey Cave system as part of a school trip. Sixteen people, including an instructor and a parent, found themselves in need of rescue due to the adverse conditions and tragically one student lost their life in the incident.

The BOT has been charged under the Health and Safety at Work Act 2015: Section 36 sets out what is described as the primary duty of care and Section 48 provides that it is an offence to fail to comply with a duty that exposes an individual to risk of death, serious injury, or serious illness.

It is important to remember that individuals on a BOT cannot be prosecuted, it is the Board as a whole that will have their actions reviewed in court. If the BOT is convicted and fined the maximum penalty is NZ $1,500,000.

I do not want to go into the details of exactly what happened as that is for the courts to decide; however, here is a list of things that you can do if you are a board member of a school. 

1. Do not quit! Understanding your health and safety role and duties is not hard. A good place to start is by reading the following:

• Keeping people healthy and safe Ministry of Education
• Community member guide to the role of the board of trustees
• Self-Audit Checklist Section 3 – Health, Safety and Welfare ERO
• Safety in schools toolkit PPTA (This focuses on risks to teachers)
• Health and Safety Guide: Good Governance for Directors March 2016

2. As an ‘officer’ your duties are separate from the primary duty of care owed by PCBU (Person in Control of a Business or Undertaking). In a school, the PCBU is the principal and head of the department, depending on the circumstance.

3. Your duty focuses on ‘due diligence;’ this means you must ask the right questions, even if you do not know the exact answer. An example would be asking about the issues surrounding insurance. You are not expected to be an insurance broker; you are expected to ask if the school assets are adequately insured.

In regards to outdoor education, you might want to know:

• Is the teacher leading the activity suitable and qualified, or do we need to engage an external outdoor instructor?
• Has a RAMS (Risk Assessment Management System) form been filled in and signed off by the teaching staff involved and the head of the department?
• Have the physical and psychological abilities of the students participating been acknowledged and accounted for?
• Is there an emergency response plan that identifies what will happen if something goes wrong?
• Have parents been made aware of what risks are inherent in the activity?

My thoughts go out to everyone involved in the Abbey Caves event and I hope that everyone is being offered the support they need to get through the court prosecution.

If you want to know more about the role of Officers in different operating contexts, please call Sarah Thomas 027 200 7680 or email [email protected]